Guffey v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Error to the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) A person who becomes a passenger on a freight train assumes the risks and inconveniences necessarily and reasonably incident to carriage by that method. “The passenger submits himself to the inconvenience and danger necessarily attending that mode of conveyance.
Read the full summary
Error to the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) A person who becomes a passenger on a freight train assumes the risks and inconveniences necessarily and reasonably incident to carriage by that method. “The passenger submits himself to the inconvenience and danger necessarily attending that mode of conveyance. Railroad v. Hazmrd, 26 111. 377; Whitehead v. Railroad, 99 Mo. 268; Wagner v. Railroad, 97 Mo. 521; Woolery v. Raiboad, 107 Ind. 381; Perkins v. Railroad, 60 Miss. 726; 1 Biss. 503. (2) The defendant contends that there is no evidence in this case which would warrant…
1Opinion of the CourtSmith, P. J.
— This was an action to recover damages for personal injuries. The cause of action alleged in the plaintiff’s petition is that said “defendant by its agents and employes managed and controlled said train of cars in such a careless and negligent manner as to suddenly and with great force and violence stop *465said car so that the brakeman then in the employ of the defendant and who was standing in said caboose, was caused by said sudden and violent stopping of said cars and carelessness and negligence ‘ of defendant to fall with great force and violence upon the plaintiff, whereby, etc.”
The…
2Cases cited5 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Wagner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
3Cited by26 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Kapros v. Pierce Oil CorporationSupreme Court of Missouri · 1930
21 more not listed; retrieve them via the Exa API.